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Invalid Marriage

If the marriage was arranged by breaking 8 conditions of marriage in Article  “Conditions of marriage” , it would have different results. If it is the important content ,  the result of this breaking conditions will be invalid. 

The word “invalid” means getting nothing or not affecting in law. There are 4 invalid marriage cases the following : one of the spouse is crazy, man and woman have the same blood, plural marriage and spouse does not consent to be husband and wife.

The characteristic of family law is the law of peace for people, so it refers to the marriage which is invalid . This does not mean anyone can say that. The court needs to make the judgement that the marriage is invalid first. However, if that marriage is invalid because of the plural marriage law , it gives the right to one of stakeholder referring immediately.  Or request to the court having the judgement showing that this marriage is invalid.

After that, when the court shows invalidity of marriage that the judgement will make the result , we can say that the property does not have relationship of husband and wife since the property that they get during their marriage invalid . Furthermore, it can be the total ownership equally, so they need to share for a half. The private relationship of husband and wife law informed that it cannot get back to the same condition in the first place. Therefore, it will have been affected since the court has shown the invalidity. If spouse is honest to get any right before the court has the judgement, he does not lose the right. For example , the right of husband who will get the estate. In addition to, if one of man or woman is an honest spouse, an honest side can request for compensation from other side.

The Invalidity marriage sometimes may have relationship with an outsider. The law protects the outsider who is honest is not been harmed with the invalidity marriage. For example , brother and sister got married together after that they bought family utensils .This meant they were co-debtors between husband and wife , even though the court sentenced that the marriage was invalid. Brother and sister had to take responsibility for debt that they made. And the last result is for children case. A child who was born before the court’s judgement within 310 days,  counting from the day that they have the judgement of the invalid marriage, a child who was born will have the child status as the husband or ex-husband’s child. Because of the law which agrees that a child does not participate to the action of the invalid marriage . A child should be got the protection being the rightful child of husband and wife.


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